The licensing officer stated that several people had written in support of the application. The Licensing Authority had now withdrawn their representation. An additional paper had been circulated from the applicant detailing their response to the interested parties. This would be interleaved with the agenda papers. The applicant had used temporary event notices over the last three weekends and had received no complaints. Three residents maintained their objections.
The applicant stated that she was running a small shop with her husband. She had accepted framework hours. The premises was a convenience store that sold groceries with a small amount of alcohol placed behind the till. The premises was not alcohol led. She had received a lot of support from neighbours and had opened a ‘next door’ app for Islington where residents could post about local crime and businesses. The hours requested were within framework hours and alcohol would not be sold after 8pm on Fridays and Saturdays. CCTV was installed which showed views of the street and could evidence anti-social behaviour. They had a log book for refusals. She knew the area well. She had received the training about a couple of months ago. This was a quiet area and she had the support of local businesses.
In response to questions, it was noted that it was a very small shop and only two customers could enter at one time. Only a small amount of alcohol would be stocked.
1) That the application for a new premises licence, in respect of 4 You Express, 1 Chadwell Street, EC1 be granted to allow:-
a) The sale of alcohol, off supplies only, from 8am until 11pm Monday to Thursday, from 8am until 8pm on Friday, from 10am until 8pm on Saturday and from 10am until 11pm on Sunday.
b) Opening hours from 8am until 1am Monday to Saturday and from 8am until midnight on Sunday.
2) Conditions detailed on pages 146 to 148 of the agenda shall be applied to the licence.
REASONS FOR DECISION
This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.
The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.
The Sub-Committee took into consideration Licensing Policies 2 & 3. The premises fall within the Clerkenwell cumulative impact area. Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives. Paragraph 22 states that the licensing authority recognises that it has to balance the needs of businesses with those of local residents. Clerkenwell has the highest number of complaints about drinking in the street of all the wards in the borough and residents continue to experience adverse impacts from late night licensed venues. However, paragraph 24, states that applications with comprehensive operating schedules, which are not alcohol led and supply alcohol for consumption off the premises within the framework hours may be regarded exceptions to the special policy.
The Sub-Committee took into consideration Licensing Policy 4. The Council has adopted a special policy relating to cumulative impact in relation to shops and other premises selling alcohol for consumption off the premises. Licensing policy 4 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused or subject to certain limitations, following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.
Three local resident objections had been received but none attended. Conditions had been agreed with the police, trading standards and the noise team. The Licensing Authority withdrew its objection before the hearing. Several letters of support had been received from local residents. The applicant explained that she had made efforts to communicate with residents by a next door app, which she had introduced to Islington.
The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.
The Sub-Committee heard evidence that it was a very small shop with only room for two customers. All alcohol would be displayed behind the till and in a fridge. The applicant had been operating under TENs for the past three weeks without complaints. CCTV had been installed showing the street and shop. There was a log book and refusal book. It was basically a convenience store. She was keen to maintain good relations with the local community.
The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5 and 6. The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that it was unlikely that granting the premises licence would add to the cumulative impact on one or more of the licensing objectives.
The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives and in the public interest.